1. Aili Gang
  2. Maternity information
  3. Common solutions to the problem of IVF divorce attribution?

Common solutions to the problem of IVF divorce attribution?

Common solutions to the problem of IVF divorce attribution?



Common Solutions to Divorce Attribution of IVF

The issue of the ownership of IVF divorce is that when couples obtain IVF through assisted reproductive technology, they are faced with rights disputes when they divorce. In this case, both husband and wife need to consider the marriage law and relevant provisions, as well as their respective contractual agreements, to solve this problem. The common solutions to the problem of IVF divorce attribution will be described in the following four aspects: legal, medical, contractual and solutions.

Legal perspective

From a legal perspective, China's Marriage Law has made relevant provisions on the ownership of IVF. According to the provisions of Article 31 of the Marriage Law, one spouse has the right to choose the assisted birth method on the issue of legitimate children. Therefore, if the husband and wife use the test tube baby technology during the marriage relationship, whether it is their own gametes or the gametes supplied by a third party, the test tube baby is the common child of both husband and wife, and enjoys the same rights and interests as the children born in marriage. In the process of practical operation, in some cases, the court will also judge the ownership of IVF from the actual situation of child rearing, living habits and the principle of maximum interests. At the same time, if the husband and wife have signed the relevant contract in the reproductive hospital, the agreement in the contract will also have an important impact on the ownership of IVF after divorce.

Medical perspective

From the medical point of view, the divorce attribution of IVF generally needs to be determined through DNA identification. DNA identification is a scientific, objective and accurate method, which can judge the blood relationship between children and parents by analyzing the genetic characteristics between parents and children. Therefore, if the husband and wife have a dispute about the ownership of IVF divorce, they can determine the child's kinship through DNA identification to solve this problem. In recent years, the progress of medical technology has also brought about embryonic gene detection technology. If couples have performed embryonic gene testing in the process of IVF and taken measures to screen bad genes, then the attribution problem after divorce can also be judged to a certain extent through these gene information.

contractual stipulation

Before IVF, husband and wife usually sign relevant agreements or contracts with the reproductive hospital. These contracts stipulate the rights and interests distribution and legal responsibilities of the husband and wife in the process of IVF. If the husband and wife clearly determine the ownership of IVF in the contract, the court will usually make a decision based on the contract agreement when divorce occurs. Of course, sometimes the contract agreement may also be suspected of being illegal or unreasonable, such as the content that violates the legal provisions, too one-sided distribution of rights and interests, etc. In this case, the court will make a fair and impartial judgment based on the actual situation and legal provisions.

Solution

The solution to the problem of the ownership of IVF divorce requires comprehensive consideration of various factors. From the legal perspective, the marriage law and relevant legal provisions can be taken as the basic basis, and the court will also determine the best interests of children according to the actual situation. From the medical point of view, scientific and objective evidence can also be provided to solve the problem of attribution through such technical means as DNA identification and embryo gene detection. At the same time, the contract agreement can restrict and affect the ownership of IVF after divorce to a certain extent. Therefore, when couples face the issue of ownership of IVF divorce, they can take the above factors into consideration through negotiation, mediation or litigation to find the most appropriate solution to protect the rights and interests of children. In short, the issue of IVF divorce attribution is a more complex and sensitive issue. When solving this problem, it is necessary to comprehensively consider the legal, medical and contractual factors, and take the most appropriate solution to protect the rights and interests of children according to the specific situation. Only in this way can the issue of the ownership of IVF divorce be reasonably and fairly resolved.
Site reminders and announcements
This website provides information storage space services for registered users. The articles/texts uploaded by non "Ailibang" editors are all self published and uploaded by registered users, which does not represent our opinion. The copyright belongs to the original author. If there is infringement, false information, wrong information or any problem, please contact us in time, and we will delete or correct it at the first time.